The core of diploma thesis lies in analysis of public procurement procedure of which defining features in all the world public procurement systems are elimination of competition and constraints to the transparency, which opens up the scope especially for disguised breaches of law, discrimination of suppliers and corruption - negotiated procedure without notice. Existence of negotiated procedure without notice is not overseen in the Czech legal environment. Frequency of its use currently amounts to significant 20 per cent of all awarded contracts. This procurement procedure has been traditionally justified in all procurement systems by specific circumstances, which from its nature either eliminate competition, or there is another public interest, which outweigh free competition. Thus balancing of such interests tends to be the major problem when assessing permission to use this non-transparent procedure. Negotiated procedure without notice has already occurred in the Czech law in the first legal act, which governed public procurement. The respective groundbreaker was the Act No. 199/1994 Coll., which was inspired by the UNCITRAL Model law on public procurement. After the accession to the European Union, the Czech Republic was forced to reflect common procurement framework and to implement provisions...

The master's thesis focuses on one aspect of public procurement law in the Czech Republic. Specifically, it provides with thorough interpretation of the Czech legal regulation of conditions allowing for using negotiated procedure with prior notice or negotiated procedure without prior notice to award a public tender. In order to achieve such purpose, the thesis uses information from the 137/2006 Coll., Public Procurement Act, as amended, available doctrinal literature and case law of the Office for the Protection of Competition, Czech courts and the European Court of Justice. The interpretation is performed to compare the Czech regulation with the one contained in relevant European directives (2004/17/EC, 2004/18/EC and 2009/81/EC). After interpretation of these directives focused majorly on differences from the Czech law, the thesis provides conclusions about correctness of transposition of the directives into Czech legal system, which is the core of its focus.

The master's thesis is focused on the analysis of the conditions for use of particular modes of public tenders under the Act no. 137/2006 Coll., on Public Contracts, as amended. The main part of the thesis covers the negotiated procedure without prior notice, as the least transparent and yet frequently used type of award procedures. However, principal characteristics of all other types of award procedures are also mentioned. To provide a complete and sufficiently detailed analysis and comparison of particular types of award procedures, this thesis refers not only to doctrinal literature, but also to case law of the Office for the Protection of Competition, the Regional Court in Brno, the Supreme Administrative Court and also European case law. The thesis also includes analysis of selected provisions of Act no. 55/2012 Coll., effective as of 1 April 2012, significantly amending the Act on Public Contracts.

This thesis is about the economic aspects of public procurement of services through auctionsin Sweden. It focuses on two different institutions, auctions used to find foste r-parents forboarded out children in the 19th century, and auctions of cleaning service contracts in the 20 thcentury. I n both cases, the contracting entity is the municipality or its representative, thelowest bidder wins the auction, and is paid in accordance with his/her bid.In the child auctions, c hildren were allotted to foster-parents by means of an open biddingprocess, the descending English auction, where the bids were given continuously to theauctioneer. In modern public procurement sealed bids ar e used in accordance with the firstprice,sealed bid auction. The first part of this thesis is about price formation in the childauctions and a study is made of the children who were auctioned several times, indicatingasymmetric information among bidders or adverse selection in this market. These subjects arestudied using field data on 601 child auctions held in Northern Sweden during the period 1863to 1889. The empirical findings in the first paper suggest that the foster-parents had a cleareconomic motive in these auctions. The child characteristics significantly affect the amount ofcompensation paid to the foster-parent. There is also evidence that farmers preferred older,more productive children. The second paper studies whether a re-auctioned child commandeda higher or lower price than a child that was not re-auctioned. The results indicate some formof asymmetric information because foster-parents demanded a higher level of compensationfor a re-auctioned child. The results also suggest that the probability that a child was reauctionedincreased if he/she was not healthy.The third paper in the thesis discusses a kind of "paradox". Although there is a competitiveeffect on the bids in the auction of cleaning service contracts, the contracting entity has anoption, given by law, to restrict the number of bidders. In th is paper, an implementation costis introduced fo r the contracting entity to justify such a restriction. The results, based onSwedish municipality data, indicate that contract and municipality characteristics, assumed toaffect the implementation cost, affect the volume of the procurement, and the number ofbidders, but not necessarily the choice of allocation mechanism. The final paper studiesregional differences in bids, costs, and competition in municipal procurement using the samedata as in paper [3]. The results show higher estimated costs for completing the contract, butlower estimated mean bids in the major city area of Stockholm compared with the res t of thecountry. This is explained by lower profit margins and higher operational costs in the majorcity area. An analysis is also carried out of why the lowest bidder is not always the contractedbidder. / <p>Härtill 4 delar.</p> / digitalisering@umu

Les contrats globaux de la commande publique, catégorie de contrats constituée au fur et à mesure de leur création, jouent un rôle majeur dans l’action des personnes publiques et des collectivités territoriales notamment. Le contrat de partenariat est devenu l’élément phare de cette famille d’instruments juridiques. Ces derniers se sont superposés au point de constituer un ensemble difficilement lisible pour les collectivités territoriales sans que cela ne ralentisse leur utilisation et leur succès. L’analyse du cas de la ville de Lourdes, de projets portés par des collectivités territoriales aux importances diverses ainsi que de l’utilisation par l’Etat des contrats globaux sont autant d’exemples qui ont mis en évidence la nécessité de procéder à un véritable état des lieux. Après une décennie de pratique et d’observation des contrats de partenariat notamment, il apparaît, plus que jamais, nécessaire de traduire le bilan qui a été réalisé en une véritable clarification des catégories de contrats de la commande publique. L’adoption des directives marchés et concessions lors de l’année 2014 et l’arrivée d’une ordonnance relative aux marchés publics en 2015 mettent en exergue l’actualité de la question ainsi que l’importance de procéder à une réorganisation d’envergure du droit français de la commande publique. / Comprehensive contracts in public procurement constitute a class of contracts that have been formed gradually since their creation and play a major role, for instance in the action of public entities and local authorities. Partnership agreements became the main element of this family of legal instruments. They superimposed to compose a group that is hardly comprehensible by territorial authorities, which minimise their utilisation and success. Analyses of the case of Lourdes, of projects led by local authorities as well as the use of comprehensive agreements by the government are all examples that highlight the necessity of carrying out a real overview of the situation. After a decade of practicing and observing the use of public-private partnerships, it appears that the necessity of translating the achieved assessment into a real clarification of the different types of public procurements is more important than ever. The adoption of public procurement directives and concession directives in 2004 and the order relating to public procurement setting up in 2015 bring out the pertinence of the subject as well as the importance of proceeding to a major reorganisation of the French public procurement law.